Ridgeway Unified Courts

JUDICIAL COUNCIL OF RIDGEWAY

Searchable full text

2,991 characters extracted

—

ADMINISTRATIVE COURT OF THE STATE OF RIDGEWAY Citation: In re cr_xzzy, RSC-AH969 DATE OF JUDGEMENT: August 30th, 2023 Ridgeway National Guard Applicant and cr_xzzy Respondent REPORT AND RECOMMENDATIONS IN THE MATTER OF AN APPLICATION UNDER SECTION 1.3 OF THE ADMINISTRATIVE PROCEDURE ACT I. Introduction [1] Lieutenant mistypro2 applied for an administrative hearing under s. 1.3 of the Administrative Procedure Act on the date of August 23, 2023, naming herself, d_reamliy, and natrix368 as the departmental command involved in the hearing. [2] The application named cr_xzzy, an employee of the Ridgeway National Guard, as the respondent. [3] The application has established the department’s desire to dishonourably discharge cr_xzzy, due to the fact that they violated the resignation policy with their abrupt leaving of the Ridgeway National Guard. [4] Due to the unwillingness of cr_xzzy to appear, the applicant has filed a brief requesting for an expedited ruling in accordance with Section 3.1 of the Employee Desertion Act. [5] I am satisfied that the respondent has failed to appear before the Administrative Court. As a result of this, the hearing shall be bypassed. [6] All factual allegations are assumed as true, having gone uncontested by the respondent, and are reproduced in Part II. II. Findings of Fact [7] On August 18th, 2023, Recruit Cr_xzzy left the Ridgeway National Guard group and discord, including the Ridgeway County main group. [8] During a guard session, Recruit Cr_xzzy left in the middle of the session. [9] Recruit Cr_xzzy did not attempt to request a resignation from the command of the training staff. [10] Exhibit A shows recruit Cr_xzzy not in the Ridgeway National Guard Discord. [11] Exhibit B shows Recruit Cr_xzzy not in any Ridgeway-Related groups. III. Findings of Law and Policy [12] Operation Regulation 3002 (r) establishes desertion as a Type I violation. In the Ridgeway National Guard’s operation regulations, desertion is defined as “the act of leaving official post without proper authorization.” [13] As seen in Exhibit A and B, the respondent left the group for the Ridgeway National Guard without attempting to inform the training staff command regarding his intention to discharge. [14] Pursuant to Operation Regulation 3001 (f), for the commissioning of a Type I offence the Ridgeway National Guard is allowed to seek remedy through dishonourable discharge. Seen in Operation Regulation 3002 (r), the respondents actions and their failure to contact their respective command fulfils this criteria and as such warrants a dishonourable discharge. IV. Recommendations [15] The applicant recommends termination of the respondent’s employment from the Ridgeway National Guard in the nature of a dishonourable discharge. [16] The applicant is entitled to take any action up to and including an dishonourable discharge. Dated at the City of Palmer, in the State of Ridgeway this 30th day of August, 2023. Administrative Court Judge Jyoungbird

RULING_RSC-AH-2086.pdf

Original document

Searchable full text

Document record